Hurray, You’ve Won! Now What?

You battle through trial, hold your breath while the judge or jury deliberates, and then you hear the words you have been longing for – “Verdict for the Plaintiff.”  Joy and excitement overcome you as you start to count your money in your head.  You go over to the Defendant, expecting them to write you a check right then and there for the full amount the court says they owe you.  But, your hopes are then crushed as the Defendant says, “good luck, I don’t have any money to pay you.”  Now what do you do?

Winning a verdict looks great on paper, but it does not guarantee that you will get your money right away.  Sadly, there are plenty of instances when the defendant will claim they cannot pay you.  In such cases, it is important to work with your attorney to explore the collection options available and find the most cost-effective way to get your money. 

The available options vary by state and also by the type of case.  This post highlights a few possible ways to collect on your judgment, but it is not intended to be an exhaustive list.

Suspending the Defendant’s License 

One of the least expensive ways to get the Defendant to pay the judgment is suspending their driver’s license.  In Nebraska and Iowa, this option is only available if the court case is related to a car accident.  If this option applies, and the judgment is unpaid, you can submit a request to the court to have the defendant’s license suspended.  The license will then remain suspended until the Defendant sets up a payment plan with you.  Most people rely on their driver’s license to get them to and from work, so they have a vested interest in paying you and getting the license turned back on.  At any time, if the Defendant does not honor the payment plan, you could ask the court to re-suspend the Defendant’s license.

Garnish Wages:

If you know where the Defendant works, you can submit to have a portion of the Defendant’s paycheck withheld by their employer and paid directly to the court, who will then pass that money along to you.  The upside to this is that, once set up, the money automatically comes to you so you do not have to continually hound the defendant for payments.  The process for garnishing wages varies by state, and there is usually a cost involved with doing so.  Another downside is that you have to reapply for the garnishment every few months, so it is a bit more labor intensive.  Also, probably the biggest downside, is that there is a statutory limit for the amount that can be garnished, based on how much the Defendant makes.  So, if they truly make very little money, you might not see too much benefit from garnishing the Defendant’s wages.

Execute Judgment Against Assets:

If you are in luck and the Defendant has assets which they own (a boat, extra cars, a second house, etc.), you can submit to have the Sheriff execute the judgment.  In other words, the Sheriff would go to the home, seize certain property, and then sell it at auction to try and get enough to pay you what you are owed.  This is a fairly extreme remedy, and only works if the Defendant has assets that can be seized.  Certain property (like their primary vehicle, or only home) may be exempt from seizure.

Judgment Lien:

Along the same lines as executing a judgment against the assets, your judgment may entitle you to a judgment lien against the Defendant’s home.  The lien would be filed against the Defendant’s home and when the Defendant eventually sells the home a portion of the proceeds must be used to satisfy the amount you are owed.  While this helps to get you the money eventually, there is no telling how long it would take before you see the money.

Winning a judgment does not mean you will be getting a check for the amount you are owed right away.  However, there are options available to help you collect from the Defendant.  Contact the experienced trial attorneys at Goosmann Law Firm, PLC, in our Omaha, Sioux City, and Sioux Falls offices to discuss how you can obtain the money which the court says you are owed.